CHITGOPEKAR MANOHAR Vs. DASARI SAMBA SHIVA RAO

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner - accused under Sec. 482 Cr.P.C. to quash the proceedings in CC No.64 of 2013 on the file of the VIII Special Magistrate, L.B. Nagar at Hastinapuram, Ranga Reddy District.

(2.) The case of the petitioner in brief was that the 1st respondent - complainant lodged a complaint against the petitioner under Sec. 200 Cr.P.C. before the XI Metropolitan Magistrate, Cyberabad at L.B. Nagar for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'NI Act '). The learned Magistrate, without examining the complainant on oath as contemplated under Sec. 200 Cr.P.C., had taken cognizance of the complaint on file accepting the sworn affidavit of the complainant and issued summons to the petitioner. The same was violative of Sec. 200 Cr.P.C., and hence, liable to be quashed.

(3.) Heard the learned counsel for the petitioner. Learned counsel representing the 1st respondent reported that he had given no objection to the 1st respondent.